Sikkim Ferro Alloys Ltd. v. CBDT (2026) 309 Taxman 148 (Bom.)(HC)

S. 139: Return of income-Condonation of delay-Return uploaded eight minutes late owing to portal issues-Carry forward of business loss of about Rs. 21.33 crores denied under section 80-Minimal delay condoned to prevent grave hardship. [S. 44AB, 80, 119(2)(b), 139(1), Art. 226]

For assessment year 2018-19, the assessee, subject to tax audit under section 44AB, sought to carry forward a business loss and unabsorbed depreciation, the due date under section 139(1) being 31.10.2018. The tax audit report was uploaded at 11.44 p.m. on 31.10.2018, but the return in Form ITR-6 was uploaded at 12.08 a.m. on 01.11.2018, a delay of eight minutes, in consequence of which only the unabsorbed depreciation was allowed to be carried forward, and the business loss was denied under section 80. The Central Board of Direct Taxes rejected the application under section 119(2)(b). The Court held that even assuming no portal glitch, a delay of eight minutes ought to be condoned, particularly as grave hardship would be caused if carried forward losses of about Rs. 21.33 crores were disallowed merely for filing eight minutes late; the impugned order was quashed and the delay condoned. (AY. 2018-19)

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